എസ്എൻഡിപി അയോഗ്യത: ഹൈക്കോടതി ഡിവിഷൻ ബെഞ്ചിൽ അപ്പീൽ നൽകി വെള്ളാപ്പള്ളി നടേശൻ

കൊച്ചി: എസ്എൻഡിപി യോഗം ജനറൽ സെക്രട്ടറി സ്ഥാനത്തുനിന്നും തന്നെ അയോഗ്യനാക്കിയ സിംഗിൾ ബെഞ്ച് വിധിക്കെതിരെ വെള്ളാപ്പള്ളി നടേശൻ ഹൈക്കോടതി
ഡിവിഷൻ ബെഞ്ചിനെ സമീപിച്ചു. സിംഗിൾ ബെഞ്ചിന്റെ നടപടി നിയമപരമായി
നിലനിൽക്കില്ലെന്നും കോടതിയുടെ അധികാരപരിധിക്ക് പുറത്തുള്ളതാണെന്നും
അപ്പീലിൽ ചൂണ്ടിക്കാട്ടുന്നു. കമ്പനി നിയമപ്രകാരമുളള തര്‍ക്കങ്ങള്‍
പരിഹരിക്കേണ്ടത് നാഷണല്‍ കമ്പനി ലോ ട്രൈബ്യൂണല്‍ ആണെന്നും സിവില്‍
കോടതികള്‍ക്കോ ഹൈക്കോടതിക്കോ ഇതില്‍ ഇടപെടാന്‍ അധികാരമില്ലെന്നും
വെളളാപ്പളളി അപ്പീലില്‍ പറയുന്നു.വെളളാപ്പളളി നടേശനെ എസ്എന്‍ഡിപി
യോഗം ജനറല്‍ സെക്രട്ടറി സ്ഥാനത്തുനിന്നും അയോഗ്യനാക്കി ഹൈക്കോടതി നേരത്തെ
ഉത്തരവിട്ടിരുന്നു. കമ്പനി ആക്ടിന്റെ ലംഘനം നടന്നതായി കണ്ടെത്തിയതിനെ
തുടര്‍ന്നായിരുന്നു നടപടി. എസ്എന്‍ഡിപി യോഗം ജനറല്‍ സെക്രട്ടറിയായിരുന്ന
വെളളാപ്പളളി നടേശന്‍, പ്രസിഡന്റ് എം എന്‍ സോമന്‍ വൈസ് പ്രസിഡന്റ് തുഷാര്‍
വെളളാപ്പളളി തുടങ്ങിയ എല്ലാ ഭാരവാഹികളെയും സ്ഥാനത്തുനിന്നും കോടതി
അയോഗ്യരാക്കിയിരുന്നു.

എസ്എന്‍ഡിപി യോഗത്തിന് പുതിയ ബോര്‍ഡ് ഓഫ് ഡയറക്ടേഴ്‌സിനെ നിയമിക്കാനും
ഉത്തരവിട്ടിരുന്നു. എസ്എന്‍ഡിപി യോഗം കമ്പനി ആക്ട് പ്രകാരം രജിസ്റ്റര്‍
ചെയ്ത സംഘടനയാണ്. ഇതിലെ ഡയറക്ടര്‍മാരാണ് വെളളാപ്പളളി നടേശനും തുഷാര്‍
വെളളാപ്പളളിയും ഉള്‍പ്പെടെയുളളവര്‍. കമ്പനി ഡയറക്ടര്‍മാര്‍ക്ക്
ഡിന്‍(ഡയറക്ടേഴ്‌സ് ഐഡന്റിഫിക്കേഷന്‍ നമ്പര്‍) അക്കൗണ്ട് നിര്‍ബന്ധമാണ്.എന്നാല്‍
ഇവരുടെ ഡിന്‍ അക്കൗണ്ടിന് സാധുതയില്ലെന്നാണ് ഹൈക്കോടതിയുടെ കണ്ടെത്തല്‍.
തുടര്‍ന്നാണ് കമ്പനി ആക്ടിന്റെ 164(2) പ്രകാരം വെളളാപ്പളളി അടക്കമുളളവരെ
അയോഗ്യരാക്കി ഹൈക്കോടതി ഉത്തരവിട്ടത്. തുടര്‍ച്ചയായി മൂന്നുവര്‍ഷം വാര്‍ഷിക
കണക്കുകളും റിട്ടേണുകളും സമര്‍പ്പിക്കുന്നതില്‍ ഭരണസമിതി വീഴ്‌ച്ച
വരുത്തിയെന്നും അത് കമ്പനി ആക്ടിന്റെ ലംഘനമാണെന്നും ഹൈക്കോടതി
കണ്ടെത്തിയിരുന്നു

583 thoughts on “എസ്എൻഡിപി അയോഗ്യത: ഹൈക്കോടതി ഡിവിഷൻ ബെഞ്ചിൽ അപ്പീൽ നൽകി വെള്ളാപ്പള്ളി നടേശൻ

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